REHMATULLAH vs State Ss — 2024 SCMR 1782 SUPREME-COURT

Case information

Citation: 2024 SCMR 1782 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: REHMATULLAH vs State Ss
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

REHMATULLAH VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Reappraisal of evidence---Medical evidence neither supporting the prosecution case nor the motive for the offence---According to the medical evidence produced by the prosecution through a doctor, the right eye of deceased was missing and the same was removed with a sharp edged weapon but there was no mention of removing the right eye of the deceased with sharp edged weapon in the alleged extra judicial confession of appellant "MY"---No sharp edged weapon had been recovered from any of the appellants during the investigating of this case---According to the prosecution case, the appellants attempted to commit sodomy with the deceased before committing his murder and when the deceased refused and raised hue and cry, the appellants committed the occurrence---There was no mention of presence of any injury on the buttocks or on the anal area of the deceased in the medical evidence and as such the alleged motive of the prosecution had also not been supported by the medical evidence---Prosecution had failed to prove its case against the appellants beyond the shadow of doubt---Appeals were allowed, and the appellants were acquitted of the charges.

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